Lefebvre v. Lefebvre

817 A.2d 750, 75 Conn. App. 662, 2003 Conn. App. LEXIS 125
CourtConnecticut Appellate Court
DecidedMarch 25, 2003
DocketAC 22323
StatusPublished
Cited by8 cases

This text of 817 A.2d 750 (Lefebvre v. Lefebvre) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lefebvre v. Lefebvre, 817 A.2d 750, 75 Conn. App. 662, 2003 Conn. App. LEXIS 125 (Colo. Ct. App. 2003).

Opinion

Opinion

HENNESSY, J.

The defendant, Jeffrey A. Lefebvre, appeals from the postdissolution judgment of the trial court denying his motion for a reduction of child support payments and granting the motion of the plaintiff, Marina L. Lefebvre, to increase his child support payments. The defendant claims that the court improperly [663]*663(1) found a substantial change in circumstances warranting a modification increasing child support payments and (2) denied him a deviation from the child support guidelines. We affirm the judgment of the trial court.

The following facts are relevant to the defendant’s appeal. The marriage of the parties was dissolved on December 15, 1994, on the basis of irretrievable breakdown. An agreement between the parties was incorporated and made part of the judgment of dissolution. The agreement stated that the parties would share joint legal custody of their two minor children and provided a visitation schedule for the defendant. In addition, the defendant was ordered to pay $200 each week as support for the two children.

On June 5, 2001, the defendant filed a motion to modify, requesting a decrease in the amount of the child support order. On July 16, 2001, the parties reached an agreement concerning a new visitation schedule, and that agreement was ordered by the court. The parties still disagreed on child support payments, and on July 16, 2001, the plaintiff filed a motion to modify, requesting that the support payments be brought into conformity with child support guidelines and any applicable deviations. The plaintiffs motion was granted, and the child support payment was modified to $296 per week. The defendant’s motion was denied and this appeal followed. Additional facts will be set forth as necessary.

I

The defendant first claims that the court improperly found a substantial change in circumstances warranting an increase in child support. “General Statutes § 46b-86 governs the modification or termination of an alimony or support order after the date of a dissolution judgment.” Borkowski v. Borkowski, 228 Conn. 729, [664]*664734, 638 A.2d 1060 (1994). Pursuant to § 46b-86, the disputed order may be modified on a showing of a substantial change in the circumstances of the parties.1

“A trial court is endowed with broad discretion in domestic relations cases. Our review of such decisions is confined to two questions: (1) whether the court correctly applied the law, and (2) whether it could reasonably have concluded as it did.” (Internal quotation marks omitted.) Denley v. Denley, 38 Conn. App. 349, 351, 661 A.2d 628 (1995).

On July 16, 2001, the court was presented with evidence, including financial affidavits and child support guidelines worksheets, as submitted by the parties. The worksheets were based on the child support and arrearage guidelines (guidelines) prepared by the state of Connecticut commission for child support guidelines (commission). See General Statutes § 46b-215a.

The court found that from December 15, 1994, when the parties’ marriage was dissolved and the initial support orders were rendered, to July 16, 2001, the date the latest financial affidavits were submitted to the court, there was a significant change in the financial circumstances of the parties. The court found that the plaintiffs net weekly income had risen from $430.33 to $545 and that the defendant’s net weekly income had risen from $778.34 to $1093. The court further found that the plaintiffs weekly expenses had risen from $739.19 to $1077.25 and that the defendant’s expenses had risen from $569.43 to $866. Under the circumstances as found by the court, the plaintiffs net income rose $114.67 per week and her weekly expenses rose [665]*665$338.06, while the defendant’s weekly net income rose $314.66 and his weekly expenses rose $296.57. We conclude that the court did not abuse its discretion in finding that there had been a substantial change in circumstances allowing the court to modify the support orders.

The parties also submitted to the court a child support guidelines worksheet in connection with the requirements of General Statutes § 46b-215b.2 The parties agreed that the child support award to the plaintiff for the two minor children under the guidelines would be $283 per week plus an additional $13 for day care expenses for a total of $296 per week. That would result in the plaintiffs receiving an increase in child support of $96 per week and would be the presumptive support amount under the guidelines. The defendant claims, however, that the plaintiff submitted to the court a child support guideline sheet containing significant errors that resulted in the improper calculation of support obligations.3

If the defendant’s assumptions and calculations are correct, the plaintiff was entitled to a variety of credits and deductions that would have resulted in less income tax being paid, thereby resulting in the plaintiffs having more available income for support of the children. In [666]*666addition, the defendant claims that he incorrectly overstated his net income on the guidelines worksheet submitted to the court. He claims that the combination of those errors changes significantly the respective child support obligations of the two parties.

Specifically, the defendant claims that any income from the plaintiffs yearly tax return should be considered when calculating net income for the purposes of determining child support payments.

It is well settled that a court must utilize net income of the parties, not gross income, to determine the amount of child support payments. See Morris v. Morris, 262 Conn. 299, 306, 811 A.2d 1283 (2003). According to § 46b-215a-l (17) of the Regulations of Connecticut State Agencies, net income is “gross income minus allowable deductions.” Allowable deductions include “federal, state, and local income taxes, based upon all allowable exemptions, deductions and credits . . . .” (Emphasis added.) Regs., Conn. State Agencies § 46b-215a-l (1) (A). The defendant has not alleged that the plaintiff is claiming deductions, exemptions or credits that are not allowed.

The defendant urges this court to use its discretion to correct the previously mentioned errors and that the respective support obligations of the parties be adjusted accordingly.

“An appellate court will not disturb a trial court’s orders in domestic relations cases unless the court has abused its discretion or it is found that it could not reasonably conclude as it did, based on the facts presented. ... In determining whether a trial court has abused its broad discretion in domestic relations matters, we allow every reasonable presumption in favor of the correctness of its action.” (Internal quotation marks omitted.) Morris v. Morris, supra, 262 Conn. 305.

[667]*667The plaintiff argues that the defendant waived his argument concerning the child support calculation when he agreed that $296 per week was the correct figure according to the guidelines. Even if the defendant’s claim was not waived, he cannot prevail.

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Bluebook (online)
817 A.2d 750, 75 Conn. App. 662, 2003 Conn. App. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lefebvre-v-lefebvre-connappct-2003.